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COYT v. HOLDER

No. 05-77080.

593 F.3d 902 (2010)

Rafael Martinez COYT, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 20, 2010.

Attorney(s) appearing for the Case

Robert Bradford Jobe, San Francisco, CA, on behalf of petitioner Rafael Martinez Coyt.

Eric Warren Marsteller, Washington, DC, on behalf of respondent Eric H. Holder Jr.

Before: FERDINAND F. FERNANDEZ and SIDNEY R. THOMAS, Circuit Judges, and ANN ALDRICH, District Judge.

THOMAS, Circuit Judge:

In this petition for review, we consider whether the Board of Immigration Appeals ("BIA") may deem a motion to reopen or reissue withdrawn by operation of law when the government removes a petitioner before the BIA has ruled on the motion. We conclude that it cannot do so, and we grant the petition for review.

I

Rafael Martinez Coyt entered the United States at San Ysidro, California without inspection in 1984. In 2001, he...

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